COURT OF WARDS Vs. KRISHEN LAL SHARMA

JUDGEMENT

(1.) This is one of those cases where the demands of substantial justice should outweigh and prevail over technical considerations and procedural wrangles.

(2.) One Bhagat Ram Wazir mortgaged his house situate at Kachhi Chhowni, Jammu, to the father of respondent for Rs. 1,500 on 28th Chet 1995 (Bikrami). His property was later taken over by the Court of Wards for management, and supervision under the Court of Wards Act, 1992 by Govt. Order No. 3/56/49 dated 8-4-1949. The Deputy Commissioner, Jammu, was appointed as Court of Wards.

(3.) The Court of Wards brought a suit for redemption of this mortgaged house sometime in 1968. ' The trial Court passed the preliminary decree on 11-1-1969. An appeal was taken against this decree by father of respondent before District Judge, Jammu, which was dismissed on 28-6-1969. He then took the second appeal before this Court which was also rejected by judgment dated 4-12.-1969.